The Board of Education recognizes that tobacco use presents serious health risks and desires to ensure that, through adoption of consistent policies, district students are made aware of those risks and, to the extent possible, protected from them. The Superintendent or designee shall establish a coordinated school health system which includes a behavioral health education component that teaches students the knowledge, skills, and attitudes they need in order to lead healthy lives and avoid high-risk behaviors, such as tobacco use.
\n\nThe Superintendent or designee shall provide prevention, intervention, and cessation education, information, activities, and/or referrals to district students and shall ensure consistent enforcement of district policies prohibiting student possession and use of tobacco products.
\n\nStudents shall not possess, smoke or use tobacco, or any product containing tobacco or nicotine, while on campus, while attending school-sponsored activities, or while under the supervision and control of district employees. (Education Code 48901)
\n\nSmoking means inhaling, exhaling, burning, or carrying of any lighted or heated cigar, cigarette, pipe, tobacco, or plant product intended for inhalation, whether natural or synthetic, in any manner or form, and includes the use of an electronic smoking device that creates aerosol or vapor or of any oral smoking device for the purpose of circumventing the prohibition of smoking. (Business and Professions Code 22950.5; Education Code 48901)
\n\nTobacco products include: (Business and Professions Code 22950.5; Education Code 48901)
\n\nThese prohibitions do not apply to a student's possession or use of his/her own prescription products. However, student possession or use of prescription products in school shall be subject to the district's policy and regulation for addressing the administration of medications on campus. (Education Code 48900)
\n\nPrevention Instruction
\n\nThe district shall provide developmentally appropriate tobacco-use prevention instruction for students at selected grade levels from K-12 pursuant to Education Code 51202. Such instruction shall be aligned with state content standards and the state curriculum framework for health education and with any requirements of state and/or federal grant programs in which the district participates.
\n\nIntervention/Cessation Services
\n\nThe district may provide or refer students to counseling, intensive education, and other intervention services to assist in the cessation of tobacco use. Such intervention services may be provided as an alternative to suspension for tobacco possession.
\n\nProgram Planning
\n\nThe district's tobacco-use prevention/intervention program shall be based on an ongoing assessment of objective data regarding tobacco use in the schools and community and on research identifying strategies that have proven effective in preventing or reducing tobacco use among youth, and a determination of high-risk student populations that are most in need of district services.
\n\nThe Superintendent or designee may coordinate with the local health department and county office of education in program planning and implementation. He/she may establish an advisory council including students, parents/guardians, district staff, representatives of the local health department and community organizations, law enforcement professionals, and/or others with demonstrated expertise in tobacco prevention and cessation.
\n\nThe Superintendent or designee also shall coordinate the district's tobacco-use prevention and intervention program with other district efforts to reduce students' use of illegal substances and to promote student wellness.
\n\nThe Superintendent or designee shall select tobacco-use prevention programs based on the model program designs identified by the California Department of Education (CDE) and may adapt the model to meet district needs. (Health and Safety Code 104420)
\n\nThe Superintendent or designee shall not accept for distribution any materials or advertisements that promote the use or sale of tobacco products. He/she also shall not accept tobacco-use prevention or intervention funds or materials from the tobacco industry or from any entity which is known to have received funding from the tobacco industry.
\n\nProgram Evaluation
\n\nTo evaluate the effectiveness of the district's program and ensure accountability, the Superintendent or designee shall biennially administer the California Healthy Kids Survey or other appropriate student survey at selected grade levels in order to assess student attitudes toward tobacco and student use of tobacco. He/she also shall annually report to the Board, and to the CDE if required, the data specified in Health and Safety Code 104450.
\n\nThe results of program evaluations shall be used to refine program goals and objectives and make changes as needed to strengthen program implementation.
\n\nThe Superintendent or designee also may provide students with counseling and other support services to assist in the prevention or reduction of tobacco use.
\n\nThe Superintendent or designee shall coordinate prevention and cessation efforts with the local health department, other local agencies and community organizations and shall involve students, parents/guardians, families and the community in support of school-based programs.
\n\n\n", "contentText": "The Board of Education recognizes that tobacco use presents serious health risks and desires to ensure that, through adoption of consistent policies, district students are made aware of those risks and, to the extent possible, protected from them. The Superintendent or designee shall establish a coordinated school health system which includes a behavioral health education component that teaches students the knowledge, skills, and attitudes they need in order to lead healthy lives and avoid high-risk behaviors, such as tobacco use.\n\nThe Superintendent or designee shall provide prevention, intervention, and cessation education, information, activities, and/or referrals to district students and shall ensure consistent enforcement of district policies prohibiting student possession and use of tobacco products.\n\nStudents shall not possess, smoke or use tobacco, or any product containing tobacco or nicotine, while on campus, while attending school-sponsored activities, or while under the supervision and control of district employees. (Education Code 48901)\n\nSmoking means inhaling, exhaling, burning, or carrying of any lighted or heated cigar, cigarette, pipe, tobacco, or plant product intended for inhalation, whether natural or synthetic, in any manner or form, and includes the use of an electronic smoking device that creates aerosol or vapor or of any oral smoking device for the purpose of circumventing the prohibition of smoking. (Business and Professions Code 22950.5; Education Code 48901)\n\nTobacco products include: (Business and Professions Code 22950.5; Education Code 48901)\n\n- A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff\n\n- An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah\n\n- Any component, part, or accessory of a tobacco product, whether or not sold separately\n\nThese prohibitions do not apply to a student's possession or use of his/her own prescription products. However, student possession or use of prescription products in school shall be subject to the district's policy and regulation for addressing the administration of medications on campus. (Education Code 48900)\n\nPrevention Instruction\n\nThe district shall provide developmentally appropriate tobacco-use prevention instruction for students at selected grade levels from K-12 pursuant to Education Code 51202. Such instruction shall be aligned with state content standards and the state curriculum framework for health education and with any requirements of state and/or federal grant programs in which the district participates.\n\nIntervention/Cessation Services\n\nThe district may provide or refer students to counseling, intensive education, and other intervention services to assist in the cessation of tobacco use. Such intervention services may be provided as an alternative to suspension for tobacco possession.\n\nProgram Planning\n\nThe district's tobacco-use prevention/intervention program shall be based on an ongoing assessment of objective data regarding tobacco use in the schools and community and on research identifying strategies that have proven effective in preventing or reducing tobacco use among youth, and a determination of high-risk student populations that are most in need of district services.\n\nThe Superintendent or designee may coordinate with the local health department and county office of education in program planning and implementation. He/she may establish an advisory council including students, parents/guardians, district staff, representatives of the local health department and community organizations, law enforcement professionals, and/or others with demonstrated expertise in tobacco prevention and cessation.\n\nThe Superintendent or designee also shall coordinate the district's tobacco-use prevention and intervention program with other district efforts to reduce students' use of illegal substances and to promote student wellness.\n\nThe Superintendent or designee shall select tobacco-use prevention programs based on the model program designs identified by the California Department of Education (CDE) and may adapt the model to meet district needs. (Health and Safety Code 104420)\n\nThe Superintendent or designee shall not accept for distribution any materials or advertisements that promote the use or sale of tobacco products. He/she also shall not accept tobacco-use prevention or intervention funds or materials from the tobacco industry or from any entity which is known to have received funding from the tobacco industry.\n\nProgram Evaluation\n\nTo evaluate the effectiveness of the district's program and ensure accountability, the Superintendent or designee shall biennially administer the California Healthy Kids Survey or other appropriate student survey at selected grade levels in order to assess student attitudes toward tobacco and student use of tobacco. He/she also shall annually report to the Board, and to the CDE if required, the data specified in Health and Safety Code 104450.\n\nThe results of program evaluations shall be used to refine program goals and objectives and make changes as needed to strengthen program implementation.\n\nThe Superintendent or designee also may provide students with counseling and other support services to assist in the prevention or reduction of tobacco use.\n\nThe Superintendent or designee shall coordinate prevention and cessation efforts with the local health department, other local agencies and community organizations and shall involve students, parents/guardians, families and the community in support of school-based programs.", "footnotes": [ { "type": "State", "references": [ { "code": "17 CCR 6800-6874", "description": "Child Health and Disability Prevention program; health assessments", "url": "" }, { "code": "Bus. Code 22950.5", "description": "Stop Tobacco Access to Kids Enforcement Act - Definitions", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=22950.5.&lawCode=BPC" }, { "code": "Ed. Code 48900.5", "description": "Suspension, limitation on imposition; exception", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48900.5." }, { "code": "Ed. Code 48901", "description": "Smoking or use of tobacco prohibited", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48901." }, { "code": "Ed. Code 51202", "description": "Instruction in personal and public health and safety", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=51202." }, { "code": "Ed. Code 60041", "description": "Instructional materials", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=60041." }, { "code": "Ed. Code 8900", "description": "Suspension or expulsion (grounds)", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=8900." }, { "code": "H&S Code 104350-104495", "description": "Tobacco-use prevention education", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=103.&title=&part=3.&chapter=1.&article=1." }, { "code": "H&S Code 104559", "description": "Tobacco use prohibition", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=104559." }, { "code": "H&S Code 119405", "description": "Unlawful to sell or furnish electronic cigarettes to minors", "url": "" }, { "code": "Pen. Code 308", "description": "Minimum age for tobacco possession", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=308." } ] }, { "type": "Federal", "references": [ { "code": "20 USC 7111-7122", "description": "Student support and academic enrichment grants", "url": "" }, { "code": "21 CFR 1140.1-1140.34", "description": "Unlawful sale of cigarettes and smokeless tobacco to minors", "url": "https://www.ecfr.gov/current/title-21/chapter-I/subchapter-K/part-1140/subpart-A?toc=1" } ] }, { "type": "Management Resources", "references": [ { "code": "Attorney General Opinion", "description": "88 Ops.Cal.Atty.Gen. 8 (2005)", "url": "https://oag.ca.gov/opinions" }, { "code": "California Department of Education Publication", "description": "Getting Results: Part II California Action Guide to Tobacco Use Prevention Education, 2000", "url": "https://www.cde.ca.gov/" }, { "code": "California Department of Education Publication", "description": "Health Framework for California Public Schools: Kindergarten Through Grade Twelve, 2003", "url": "https://www.cde.ca.gov/ci/cr/cf/documents/healthfw.pdf#:~:text=When%20the%20Health%20Framework%20for,the%20California%20State%20Board%20of" }, { "code": "California Department of Education Publication", "description": "TUPE Acceptance of Funds Guidance", "url": "https://www.cde.ca.gov/" }, { "code": "California Department of Education Publication", "description": "Health Education Content Standards for California Public Schools: Kindergarten Through Grade Twelve, 2008 ", "url": "https://www.cde.ca.gov/be/st/ss/documents/healthstandmar08.pdf" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" }, { "code": "Website", "description": "Centers for Disease Control and Prevention, Smoking and Tobacco Use", "url": "http://www.cdc.gov/tobacco" }, { "code": "Website", "description": "California Department of Education, Tobacco-Use Prevention Education", "url": "http://www.cde.ca.gov/ls/he/at/tupe.asp" }, { "code": "Website", "description": "California Department of Public Health, Tobacco Control", "url": "http://www.cdph.ca.gov/programs/tobacco" }, { "code": "Website", "description": "California Healthy Kids Survey", "url": "http://chks.wested.org" }, { "code": "Website", "description": "CSBA", "url": "http://www.csba.org" }, { "code": "Website", "description": "Office of the Surgeon General", "url": "https://www.hhs.gov/surgeongeneral/index.html" }, { "code": "Website", "description": "California Healthy Kids Resource Center", "url": "http://www.ccrcca.org/resources/family-resource-directory/item/california-healthy-kids-resource-center" }, { "code": "WestEd Publication", "description": "Guidebook for the California Healthy Kids Survey", "url": "https://calschls.org/about/the-surveys/#:~:text=The%20CHKS%20is%20a%20modular,expectations%2C%20and%20meaningful%20participation)." } ] } ], 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